29907 Federal Register / Vol. 85, No. 97 / Tuesday, May 19, 2020 / Proposed Rules 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 721 
[EPA–HQ–OPPT–2020–0222; FRL–10009– 
17] 
RIN 2070–AB27 
Significant New Use Rules on Certain 
Chemical Substances (20–5.B) 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Proposed rule. 
SUMMARY : EPA is proposing significant 
new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances which are the subject of premanufacture notices (PMNs). This action would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use by this proposed rule. This action would further require that persons not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice, and EPA has conducted a review of the notice, made an appropriate determination on the notice under TSCA, and has taken any risk management actions as are required as a result of that determination. 
DATES : Comments must be received on 
or before June 18, 2020. 
ADDRESSES : Submit your comments, 
identified by docket identification (ID) number EPA–HQ–OPPT–2020–0222, by one of the following methods: 
•Federal eRulemaking Portal: http:// 
www.regulations.gov. Follow the online 
instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. 
•Mail: Document Control Office 
(7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. 
•Hand Delivery: To make special 
arrangements for hand delivery or delivery of boxed information, please follow the instructions at http:// www.epa.gov/dockets/contacts.html. 
Additional instructions on 
commenting or visiting the docket, along with more information about dockets generally, is available at http:// www.epa.gov/dockets. 
FOR FURTHER INFORMATION CONTACT : For technical information contact: 
Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–9232; email address: moss.kenneth@epa.gov. 
For general information contact: The 
TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCA-Hotline@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. General Information 
A. Does this action apply to me? 
You may be potentially affected by 
this action if you manufacture, process, 
or use the chemical substances contained in this proposed rule. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: 
•Manufacturers or processors of one 
or more subject chemical substances (NAICS codes 325 and 324110), e.g., chemical manufacturing and petroleum refineries. 
This action may also affect certain 
entities through pre-existing import certification and export notification rules under the Toxic Substances Control Act (TSCA) (15 U.S.C. 2601 et seq.). Chemical importers are subject to the TSCA section 13 (15 U.S.C. 2612) import provisions. This action may also affect certain entities through pre- existing import certification and export notification rules under TSCA, which would include the SNUR requirements should these proposed rules be finalized. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. In addition, pursuant to 40 CFR 721.20, any persons who export or intend to export a chemical substance that is the subject of this proposed rule on or after June 18, 2020 are subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)) and must comply with the export notification requirements in 40 CFR part 707, subpart D. 
B. What should I consider as I prepare 
my comments for EPA? 
1. Submitting CBI. Do not submit CBI 
to EPA through regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD– ROM that you mail to EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 
2. Tips for preparing your comments. 
When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/ comments.html. 
II. Background A. What action is the Agency taking? 
EPA is proposing these SNURs under 
TSCA section 5(a)(2) (15 U.S.C. 
2604(a)(2)) for chemical substances which are the subjects of PMNs P–17– 86, P–17–294, P–18–262, P–19–136, P– 19–174, P–20–41, and P–20–52. These proposed SNURs would require persons who intend to manufacture or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. 
The record for the proposed SNURs 
on these chemicals was established as docket EPA–HQ–OPPT–2020–0222. That record includes information considered by the Agency in developing these proposed SNURs. 
B. What is the Agency’s authority for 
taking this action? 
TSCA section 5(a)(2) (15 U.S.C. 
2604(a)(2)) authorizes EPA to determine that a use of a chemical substance is a ‘‘significant new use.’’ EPA must make this determination by rule after considering all relevant factors, including the four TSCA section 5(a)(2) factors listed in Unit III. 
C. Applicability of General Provisions 
General provisions for SNURs appear 
in 40 CFR part 721, subpart A. These 
provisions describe persons subject to the rule, recordkeeping requirements, exemptions to reporting requirements, and applicability of the rule to uses occurring before the effective date of the rule. Provisions relating to user fees appear at 40 CFR part 700. Pursuant to 40 CFR 721.1(c), persons subject to these SNURs must comply with the same SNUN requirements and EPA regulatory procedures as submitters of PMNs under TSCA section 5(a)(1)(A). In 
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particular, these requirements include 
the information submission requirements of TSCA sections 5(b) and 5(d)(1) (15 U.S.C. 2604(b) and 2604(d)(1)), the exemptions authorized by TSCA sections 5(h)(1), 5(h)(2), 5(h)(3), and 5(h)(5) and the regulations at 40 CFR part 720. Once EPA receives a SNUN, EPA must either determine that the use is not likely to present an unreasonable risk of injury under the conditions of use for the chemical substance or take such regulatory action as is associated with an alternative determination before the manufacture or processing for the significant new use can commence. If EPA determines that the use is not likely to present an unreasonable risk, EPA is required under TSCA section 5(g) to make public, and submit for publication in the Federal Register, a statement of EPA’s findings. 
III. Significant New Use Determination 
TSCA section 5(a)(2) states that EPA’s 
determination that a use of a chemical 
substance is a significant new use must be made after consideration of all relevant factors, including: 
•The projected volume of 
manufacturing and processing of a chemical substance. 
•The extent to which a use changes 
the type or form of exposure of human beings or the environment to a chemical substance. 
•The extent to which a use increases 
the magnitude and duration of exposure of human beings or the environment to a chemical substance. 
•The reasonably anticipated manner 
and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance. 
In determining what would constitute 
a significant new use for the chemical substances that are the subject of these SNURs, EPA considered relevant information about the toxicity of the chemical substances, and potential human exposures and environmental releases that may be associated with the conditions of use of the substances, in the context of the four bulleted TSCA section 5(a)(2) factors listed in this unit. During its review of these chemicals, EPA identified certain conditions of use that are not intended by the submitters, but reasonably foreseen to occur. EPA is proposing to designate those reasonably foreseen conditions of use as significant new uses. 
IV. Substances Subject to This Proposed 
Rule 
EPA is proposing significant new use 
and recordkeeping requirements for several chemical substances in 40 CFR part 721, subpart E. In this unit, EPA provides the following information for each chemical substance: 
•PMN number. 
•Chemical name (generic name, if 
the specific name is claimed as CBI). 
•Chemical Abstracts Service (CAS) 
Registry number (if assigned for non- confidential chemical identities). 
•Basis for the SNUR. 
•Potentially Useful Information. 
•CFR citation assigned in the 
regulatory text section of these proposed rules. 
The regulatory text section of these 
proposed rules specifies the activities designated as significant new uses. Certain new uses, including production volume limits and other uses designated in the proposed rules, may be claimed as CBI. 
The chemical substances that are the 
subject of these proposed SNURs are undergoing premanufacture review. In addition to those conditions of use intended by the submitter, EPA has identified certain other reasonably foreseen conditions of use. EPA has preliminarily determined that the chemicals under their intended conditions of use are not likely to present an unreasonable risk. However, EPA has not assessed risks associated with the reasonably foreseen conditions of use for these chemicals. EPA is proposing to designate these reasonably foreseen and other potential conditions of use as significant new uses. As a result, those conditions of use are no longer reasonably foreseen to occur without first going through a separate, subsequent EPA review and determination process associated with a SNUN. 
The substances subject to these 
proposed rules are as follows: 
PMN Number: P–17–86 
Chemical names: Cycloalkyl, 
bis(ethoxyalkyl)-, cis- (generic) (P–17– 
86, chemical A) and Cycloalkyl, bis(ethoxyalkyl)-, trans- (generic) (P–17– 86, chemical B). 
CAS numbers: Not available (P–17– 
86, chemical A) and Not available (P– 17–86, chemical B). 
Basis for action: The PMN states that 
the generic (non-confidential) use of the substances will be as a fragrance chemical. Based on the physical/ chemical properties of the PMN substance and Structure Activity Relationships (SAR) analysis of test data on analogous substances, EPA has identified concerns for reproductive toxicity, skin irritation, and specific target organ toxicity if the chemicals are not used following the limitations noted. The conditions of use of the PMN substances as described in the PMN include the following protective measures: 
•Processing the PMN substances to a 
concentration greater than 1.5% (by weight) in the final consumer product. 
•Manufacturing and processing 
release of the PMN substances resulting in surface water concentrations that exceed 330 parts per billion (ppb). Processors receiving the PMN substances from fragrance compounding processors at concentrations below 10% (by weight) are exempt from the water release provisions. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ the absence of these protective measures. 
Potentially useful information: EPA 
has determined that certain information about the exposure to the PMN substances may be potentially useful to characterize the health effects of the PMN substances if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of environmental exposure monitoring would help characterize the potential health effects of the PMN substances. 
CFR citations: 40 CFR 721.11490 (P– 
17–86, chemical A); 40 CFR 721.11491 (P–17–86, chemical B). 
PMN Number: P–17–294 
Chemical name: 2-Butanone, 3- 
methyl-, peroxide. 
CAS number: 182893–11–4. 
Basis for action: The PMN states that 
the use of the substance will be as an 
organic peroxide polymerization initiator for unsaturated acrylic, unsaturated polyester, and vinyl ester resins used in traditional acrylic systems such as acrylic solid surface, acrylic adhesives, acrylic castings and acrylic coatings. Based on the physical/ chemical properties of the PMN substance and submitted test data, EPA has identified concerns for respiratory sensitization, serious eye damage, skin corrosion, skin sensitization, and specific target organ toxicity if the chemical is not used following the limitations noted. The conditions of use of the PMN substance as described in the PMN include the following protective measures: 
•Use without personal protective 
equipment where there is a potential for dermal exposure. 
•Use without a National Institute for 
Occupational Safety and Health (NIOSH)-certified air purifying, tight- fitting full-face respirator with an Assigned Protection Factor (APF) of at 
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least 50 where there is a potential for 
inhalation exposures. 
•Use other than as an organic 
peroxide polymerization initiator. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ the absence of these protective measures. 
Potentially useful information: EPA 
has determined that certain information about the exposure to the PMN substance may be potentially useful to characterize the effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of workplace exposure monitoring would help characterize the potential effects of the PMN substance. 
CFR citation: 40 CFR 721.11492 (P– 
17–294). 
PMN Number: P–18–262. 
Chemical name: 2-Propenoic acid, 2- 
methyl-, dodecyl ester, polymer with 
ammonium 2-methyl-2-[(1-oxo-2- propen-1-yl)amino]-1-propanesulfonate (1:1), N,N-dimethyl-2-propenamide and .alpha.-(2-methyl-1-oxo-2-propen-1-yl)- .omega.-(dodecyloxy)poly(oxy-1,2- ethanediyl). 
CAS number: 1190091–71–4. 
Basis for action: The PMN states that 
the use of the substance will be as a 
suspension stabilizer for detergents, consistent with the manufacturing, processing, use, distribution, and disposal information described in the PMN. Based on the physical/chemical properties of the PMN substance and SAR analysis of test data on analogous substances, EPA has identified concerns for developmental, eye irritation, gene cell mutagenicity, hematotoxicity, neurotoxicity, skin irritation, and specific target organ toxicity if the chemical is not used following the limitations noted. The conditions of use of the PMN substance as described in the PMN include the following protective measures: 
•Use other than for the confidential 
uses specified in the PMN. 
•Processing of the PMN substance 
above the confidential percentage in formulation specified in the PMN for use in consumer products. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ the absence of these protective measures. 
Potentially useful information: EPA 
has determined that certain information about the toxicity of the PMN substance may be potentially useful to characterize the health effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of eye irritation/corrosion, genetic toxicity, neurotoxicity, skin irritation/corrosion, and specific target organ toxicity would help characterize the potential health effects of the PMN substance. 
CFR citation: 40 CFR 721.11493 (P– 
18–262). 
PMN Number: P–19–136 
Chemical name: Iso-alkylamine, N- 
isoalkyl-N-methyl (generic). 
CAS number: Not available. 
Basis for action: The PMN states that 
the use of the substance will be as 
intermediate. Based on the physical/ chemical properties of the PMN substance and SAR analysis of test data on analogous substances, EPA has identified concerns for eye irritation, skin irritation, and specific target organ toxicity if the chemical is not used following the limitations noted. The conditions of use of the PMN substance as described in the PMN include the following protective measure: 
•Use other than as a chemical 
intermediate. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ the absence of this protective measure. 
Potentially useful information: EPA 
has determined that certain information about the toxicity of the PMN substance may be potentially useful to characterize the health effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of eye irritation/corrosion, skin irritation/ corrosion, and specific target organ toxicity would help characterize the potential health effects of the PMN substance. 
CFR citation: 40 CFR 721.11494 (P– 
19–136). 
PMN Number: P–19–174 
Chemical name: Octadecanoic acid, 
(alkylphosphinyl), polyol ester 
(generic). 
CAS number: Not available. 
Basis for action: The PMN states that 
the generic (non-confidential) use of the 
substance will be as a phosphorus anti- wear compound. Based on the physical/ chemical properties of the PMN substance and SAR analysis of test data on analogous substances, EPA has identified concerns for eye irritation, reproductive toxicity, skin irritation, and specific target organ toxicity if the chemical is not used following the limitations noted. The conditions of use of the PMN substance as described in the PMN include the following protective measures: 
•Manufacture, process, or use the 
PMN substance in any manner that results in inhalation exposure. 
•Process the PMN substance above 
the confidential percentage in formulation specified in the PMN for use in consumer products. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ the absence of these protective measures. 
Potentially useful information: EPA 
has determined that certain information about the toxicity of the PMN substance may be potentially useful to characterize the health effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of developmental toxicity, eye damage, reproductive toxicity, skin irritation, and specific target organ toxicity would help characterize the potential health effects of the PMN substance. 
CFR citation: 40 CFR 721.11495 (P– 
19–174). 
PMN Number: P–20–41 
Chemical name: 1,3- 
Benzenedicarboxylic acid, polymer with 
3-methyl-1,5-pentanediol. 
CAS number: 76962–70–4. 
Basis for action: The PMN states that 
the generic (non-confidential) use of the 
substance will be as a chemical intermediate for coatings. Based on the physical/chemical properties of the PMN substance and SAR analysis of test data on analogous substances, EPA has identified concerns for acute oral toxicity, developmental effects, eye irritation, systemic effects, and aquatic toxicity if the chemical is not used following the limitations noted. The conditions of use of the PMN substance as described in the PMN include the following protective measures: 
•Use other than for the confidential 
uses specified in the PMN. 
•Release of the PMN substance 
resulting in surface water concentrations that exceed 1 ppb. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ the absence of these protective measures. 
Potentially useful information: EPA 
has determined that certain information about the toxicity of the PMN substance may be potentially useful to characterize the health and environmental effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of eye irritation and aquatic 
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toxicity testing would help characterize 
the potential health and environmental effects of the PMN substance. 
CFR citation: 40 CFR 721.11496 (P– 
20–41). 
PMN Number: P–20–52 
Chemical name: Oxirane, 2-methyl-, 
polymer with oxirane, mono(3,5,5- 
trimethylhexanoate). 
CAS number: 148263–50–7. 
Basis for action: The PMN states that 
the use of the substance will be as a 
liquid shrinkage reducing admixture for concrete. Based on the physical/ chemical properties of the PMN substance and SAR analysis of test data on analogous substances, EPA has identified concerns for aquatic toxicity, eye irritation, kidney and liver effects, and developmental toxicity, lung irritation and lung effects, skin irritation, and specific target organ toxicity if the chemical is not used following the limitations noted. The conditions of use of the PMN substance as described in the PMN include the following protective measures: 
•No use of the PMN substance in a 
consumer product. 
•No use other than as a liquid 
shrinkage reducing admixture for concrete. 
•No changes in manufacture, 
processing or use of the PMN substance resulting in inhalation exposures. 
The proposed SNUR would designate 
as a ‘‘significant new use’’ the absence of these protective measures. 
Potentially useful information: EPA 
has determined that certain information about the toxicity of the PMN substance may be potentially useful to characterize the environmental and health effects of the PMN substance if a manufacturer or processor is considering submitting a SNUN for a significant new use that would be designated by this proposed SNUR. EPA has determined that the results of aquatic toxicity, developmental toxicity, pulmonary effects, and specific target organ toxicity would help characterize the potential environmental and health effects of the PMN substance. 
CFR citation: 40 CFR 721.11497 (P– 
20–52). 
V. Rationale and Objectives of the 
Proposed Rule 
A. Rationale 
During review of the PMNs submitted 
for the chemical substances that are the 
subject of these proposed SNURs and as further discussed in Unit IV, EPA identified certain other reasonably foreseen conditions of use, in addition to those conditions of use intended by the submitter. EPA has preliminarily 
determined that the chemical under the intended conditions of use is not likely to present an unreasonable risk. However, EPA has not assessed risks associated with the reasonably foreseen conditions of use. EPA is proposing to designate these conditions of use as significant new uses to ensure that they 
are no longer reasonably foreseen to occur without first going through a separate, subsequent EPA review and determination process associated with a SNUN. 
B. Objectives 
EPA is proposing these SNURs 
because the Agency wants: 
•To have an opportunity to review 
and evaluate data submitted in a SNUN 
before the notice submitter begins manufacturing or processing a listed chemical substance for the described significant new use. 
•To be obligated to make a 
determination under TSCA section 5(a)(3) regarding the use described in the SNUN, under the conditions of use. The Agency will either determine under section 5(a)(3)(C) that the significant new use is not likely to present an unreasonable risk, including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant by the Administrator under the conditions of use, or make a determination under section 5(a)(3)(A) or (B) and take the required regulatory action associated with the determination, before manufacture or processing for the significant new use of the chemical substance can occur. 
•To be able to complete its review 
and determination on each of the PMN substances, while deferring analysis on the significant new uses proposed in these rules unless and until the Agency receives a SNUN. 
Issuance of a proposed SNUR for a 
chemical substance does not signify that the chemical substance is listed on the TSCA Inventory. Guidance on how to determine if a chemical substance is on the TSCA Inventory is available on the internet at https://www.epa.gov/tsca- inventory. 
VI. Applicability of the Proposed Rules 
to Uses Occurring Before the Effective Date of the Final Rule 
To establish a significant new use, 
EPA must determine that the use is not ongoing. The chemical substances subject to this proposed rule were undergoing premanufacture review at the time of signature of this proposed rule and were not on the TSCA Inventory. In cases where EPA has not received a notice of commencement 
(NOC) and the chemical substance has not been added to the TSCA Inventory, no person may commence such activities without first submitting a PMN. Therefore, for the chemical substances subject to these proposed SNURs, EPA concludes that the proposed significant new uses are not ongoing. 
EPA designates May 4, 2020 (date of 
web posting of this proposed rule) as the cutoff date for determining whether the new use is ongoing. The objective of EPA’s approach is to ensure that a person cannot defeat a SNUR by initiating a significant new use before the effective date of the final rule. 
Persons who begin commercial 
manufacture or processing of the chemical substances for a significant new use identified on or after that date would have to cease any such activity upon the effective date of the final rule. To resume their activities, these persons would have to first comply with all applicable SNUR notification requirements and EPA would have to take action under section 5 allowing manufacture or processing to proceed. In developing this proposed rule, EPA has recognized that, given EPA’s general practice of posting proposed rules on its website a week or more in advance of Federal Register publication, this objective could be thwarted even before Federal Register publication of the proposed rule. 
VII. Development and Submission of 
Information 
EPA recognizes that TSCA section 5 
does not require development of any 
particular new information (e.g., generating test data) before submission of a SNUN. There is an exception: If a person is required to submit information for a chemical substance pursuant to a rule, Order or consent agreement under TSCA section 4 (15 U.S.C. 2603), then TSCA section 5(b)(1)(A) (15 U.S.C. 2604(b)(1)(A)) requires such information to be submitted to EPA at the time of submission of the SNUN. 
In the absence of a rule, Order, or 
consent agreement under TSCA section 4 covering the chemical substance, persons are required only to submit information in their possession or control and to describe any other information known to or reasonably ascertainable by them (see 40 CFR 720.50). However, upon review of PMNs and SNUNs, the Agency has the authority to require appropriate testing. Unit IV. lists potentially useful information for all SNURs listed here. Descriptions are provided for informational purposes. The potentially 
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useful information identified in Unit IV. 
will be useful to EPA’s evaluation in the event that someone submits a SNUN for the significant new use. Companies who are considering submitting a SNUN are encouraged, but not required, to develop the information on the substance, which may assist with EPA’s analysis of the SNUN. 
EPA strongly encourages persons, 
before performing any testing, to consult 
with the Agency pertaining to protocol selection. Furthermore, pursuant to TSCA section 4(h), which pertains to reduction of testing in vertebrate animals, EPA encourages consultation with the Agency on the use of alternative test methods and strategies (also called New Approach Methodologies, or NAMs), if available, to generate the recommended test data. EPA encourages dialog with Agency representatives to help determine how best the submitter can meet both the data needs and the objective of TSCA section 4(h). 
The potentially useful information 
described in Unit IV. may not be the only means of providing information to evaluate the chemical substance associated with the significant new uses. However, submitting a SNUN without any test data may increase the likelihood that EPA will take action under TSCA section 5(e) or 5(f). EPA recommends that potential SNUN submitters contact EPA early enough so that they will be able to conduct the appropriate tests. 
SNUN submitters should be aware 
that EPA will be better able to evaluate SNUNs which provide detailed information on the following: 
•Human exposure and 
environmental release that may result from the significant new use of the chemical substances. 
VIII. SNUN Submissions 
According to 40 CFR 721.1(c), persons 
submitting a SNUN must comply with 
the same notification requirements and EPA regulatory procedures as persons submitting a PMN, including submission of test data on health and environmental effects as described in 40 CFR 720.50. SNUNs must be submitted on EPA Form No. 7710–25, generated using e-PMN software, and submitted to the Agency in accordance with the procedures set forth in 40 CFR 720.40 and 721.25. E–PMN software is available electronically at https:// www.epa.gov/reviewing-new-chemicals- under-toxic-substances-control-act-tsca. 
IX. Economic Analysis 
EPA has evaluated the potential costs 
of establishing SNUN requirements for potential manufacturers and processors 
of the chemical substances subject to this proposed rule. EPA’s complete economic analysis is available in the docket under docket ID number EPA– 
HQ–OPPT–2020–0222. 
X. Statutory and Executive Order 
Reviews 
Additional information about these 
statutes and Executive Orders can be found at https://www.epa.gov/laws- regulations-and-executive-orders. 
A. Executive Order 12866: Regulatory 
Planning and Review and Executive Order 13563: Improving Regulations and Regulatory Review 
This proposed rule would establish 
SNURs for 8 new chemical substances that were the subject of PMNs. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). 
B. Paperwork Reduction Act (PRA) 
According to the PRA, 44 U.S.C. 3501 
et seq., an Agency may not conduct or 
sponsor, and a person is not required to respond to a collection of information that requires OMB approval under PRA, unless it has been approved by OMB and displays a currently valid OMB control number. The OMB control numbers for EPA’s regulations in title 40 of the CFR, after appearing in the Federal Register, are listed in 40 CFR part 9, and included on the related collection instrument or form, if applicable. 
The information collection 
requirements related to this action have already been approved by OMB pursuant to PRA under OMB control number 2070–0012 (EPA ICR No. 574). This action does not impose any burden requiring additional OMB approval. If an entity were to submit a SNUN to the Agency, the annual burden is estimated to average between 30 and 170 hours per response. This burden estimate includes the time needed to review instructions, search existing data sources, gather and maintain the data needed, and complete, review, and submit the required SNUN. 
Send any comments about the 
accuracy of the burden estimate, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques, to the Director, Regulatory Support Division, Office of Mission Support (2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. Please remember to include the OMB 
control number in any correspondence, but do not submit any completed forms to this address. 
C. Regulatory Flexibility Act (RFA) 
Pursuant to section 605(b) of the RFA, 
5 U.S.C. 601 et seq., the Agency hereby 
certifies that promulgation of this proposed SNUR would not have a significant adverse economic impact on a substantial number of small entities. The requirement to submit a SNUN applies to any person (including small or large entities) who intends to engage in any activity described in the final rule as a ‘‘significant new use.’’ Because these uses are ‘‘new,’’ based on all information currently available to EPA, it appears that no small or large entities presently engage in such activities. A SNUR requires that any person who intends to engage in such activity in the future must first notify EPA by submitting a SNUN. Although some small entities may decide to pursue a significant new use in the future, EPA cannot presently determine how many, if any, there may be. However, EPA’s experience to date is that, in response to the promulgation of SNURs covering over 1,000 chemicals, the Agency receives only a small number of notices per year. For example, the number of SNUNs received was seven in Federal fiscal year (FY) 2013, 13 in FY2014, six in FY2015, 12 in FY2016, 13 in FY2017, and 11 in FY2018, only a fraction of these were from small businesses. In addition, the Agency currently offers relief to qualifying small businesses by reducing the SNUN submission fee from $16,000 to $2,800. This lower fee reduces the total reporting and 
recordkeeping of cost of submitting a SNUN to about $10,116 for qualifying small firms. Therefore, the potential economic impacts of complying with this proposed SNUR are not expected to be significant or adversely impact a substantial number of small entities. In a SNUR that published in the Federal Register of June 2, 1997 (62 FR 29684) 
(FRL–5597–1), the Agency presented its general determination that final SNURs are not expected to have a significant economic impact on a substantial number of small entities, which was provided to the Chief Counsel for Advocacy of the Small Business Administration. 
D. Unfunded Mandates Reform Act 
(UMRA) 
Based on EPA’s experience with 
proposing and finalizing SNURs, State, local, and Tribal governments have not been impacted by these rulemakings, and EPA does not have any reasons to 
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believe that any State, local, or Tribal 
government will be impacted by this proposed rule. As such, EPA has determined that this proposed rule does not impose any enforceable duty, contain any unfunded mandate, or otherwise have any effect on small governments subject to the requirements of UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1531–1538 et seq.). 
E. Executive Order 13132: Federalism 
This action would not have a 
substantial direct effect on States, on the 
relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
F. Executive Order 13175: Consultation 
and Coordination With Indian Tribal Governments 
This action would not have Tribal 
implications because it is not expected to have substantial direct effects on Indian Tribes. This action would not significantly nor uniquely affect the communities of Indian Tribal governments, nor does it involve or impose any requirements that affect Indian Tribes. Accordingly, the requirements of Executive Order 13175 (65 FR 67249, November 9, 2000), do not apply to this action. 
G. Executive Order 13045: Protection of 
Children From Environmental Health and Safety Risks 
This action is not subject to Executive 
Order 13045 (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does not address environmental health or safety risks disproportionately affecting children. 
H. Executive Order 13211: Actions 
Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 
This action is not subject to Executive 
Order 13211 (66 FR 28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, or use and because this action is not a significant regulatory action under Executive Order 12866. 
I. National Technology Transfer and 
Advancement Act (NTTAA) 
In addition, since this action does not 
involve any technical standards, NTTAA section 12(d), 15 U.S.C. 272 note, does not apply to this action. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 
This action does not entail special 
considerations of environmental justice related issues as delineated by Executive Order 12898 (59 FR 7629, February 16, 1994). 
List of Subjects in 40 CFR Part 721 
Environmental protection, Chemicals, 
Hazardous substances, Reporting and 
recordkeeping requirements. 
Dated: April 29, 2020. 
Tala Henry, 
Deputy Director, Office of Pollution 
Prevention and Toxics. 
Therefore, it is proposed that 40 CFR 
part 721 is amended as follows: 
PART 721—[AMENDED] 
■1. The authority citation for part 721 
continues to read as follows: 
Authority: 15 U.S.C. 2604, 2607, and 
2625(c). 
■2. Add §§ 721.11490 through 
721.11497 to subpart E to read as 
follows: 
Subpart E —Significant New Uses for 
Specific Chemical Substances 
Sec. 
* * * * * 
721.11490 Cycloalkyl, bis(ethoxyalkyl)-, 
trans- (generic) (P–17–86, chemical A). 
721.11491 Cycloalkyl, bis(ethoxyalkyl)-, 
cis- (generic) (P–17–86, chemical B). 
721.11492 2-Butanone, 3-methyl-, peroxide. 
721.11493 2-Propenoic acid, 2-methyl-, 
dodecyl ester, polymer with ammonium 2-methyl-2-[(1-oxo-2-propen-1- yl)amino]-1-propanesulfonate (1:1), N,N- dimethyl-2-propenamide and .alpha.-(2- methyl-1-oxo-2-propen-1-yl)-.omega.- (dodecyloxy)poly(oxy-1,2-ethanediyl). 
721.11494 Iso-alkylamine, N-isoalkyl-N- 
methyl (generic). 
721.11495 Octadecanoic acid, 
(alkylphosphinyl), polyol ester (generic). 
721.11496 1,3-Benzenedicarboxylic acid, 
polymer with 3-methyl-1,5-pentanediol. 
721.11497 Oxirane, 2-methyl-, polymer 
with oxirane, mono(3,5,5- trimethylhexanoate). 
* * * * * 
§ 721.11490 Cycloalkyl, bis(ethoxyalkyl)-, cis- (generic) (P–17–86, chemical A). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance generically identified as cycloalkyl, bis(ethoxyalkyl)-, cis- (PMN P–17–86, chemical A) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. It is a significant 
new use to process the PMN substance greater than 1.5% (by weight) for use in consumer products. 
(ii) Release to water. Requirements as 
specified in § 721.90 (a)(4) and (b)(4), where N=330. Processors receiving the substance from fragrance compounding processors at concentrations below 10% (by weight) are exempt from the water release provisions. 
(b) Specific requirements. The 
provisions of subpart A of this part apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), (i), and (k) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11491 Cycloalkyl, bis(ethoxyalkyl)-, 
trans- (generic) (P–17–86, chemical B). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as cycloalkyl, bis(ethoxyalkyl)-, trans- (PMN P–17–86, chemical B) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. It is a significant 
new use to process the PMN substance greater than 1.5% (by weight) for use in consumer products. 
(ii) Release to water. Requirements as 
specified in § 721.90 (a)(4) and (b)(4), where N = 330. Processors receiving the substance from fragrance compounding processors at concentrations below 10% (by weight) are exempt from the water release provisions. 
(b) Specific requirements. The 
provisions of subpart A of this part apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), (i), and (k) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11492 2-Butanone, 3-methyl-, 
peroxide. 
(a) Chemical substance and 
significant new uses subject to reporting. 
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(1) The chemical substance identified as 
2-butanone, 3-methyl-, peroxide (PMN P–17–294, CAS No. 182893–11–4) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: (i) Protection in the workplace. 
Requirements as specified in § 721.63(a)(1), (2)(i), (3) through (6). When determining which persons are reasonably likely to be exposed as required for § 721.63(a)(1) and (4), engineering control measures (e.g., enclosure or confinement of the operation, general and local ventilation) or administrative control measures (e.g., workplace policies and procedures) shall be considered and implemented to prevent exposure, where feasible, and (c). For purposes of § 721.63(a)(5), respirators must provide a National Institute for Occupational Safety and Health (NIOSH) assigned protection factor (APF) of at least 50. For purposes of § 721.63(a)(6), the applicable airborne form of the substance is particulate (including solids or liquid droplets). 
(ii) Industrial, commercial, and 
consumer activities. It is a significant new use to use the substance for other than as an organic peroxide polymerization initiator. 
(b) Specific requirements. The 
provisions of subpart A of this part apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (e), and (i) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11493 2-Propenoic acid, 2-methyl-, 
dodecyl ester, polymer with ammonium 2- methyl-2-[(1-oxo-2-propen-1-yl)amino]-1- propanesulfonate (1:1), N,N-dimethyl-2- propenamide and .alpha.-(2-methyl-1-oxo-2- propen-1-yl)-.omega.-(dodecyloxy)poly(oxy- 1,2-ethanediyl). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as 2-propenoic acid, 2-methyl-, dodecyl ester, polymer with ammonium 2- methyl-2-[(1-oxo-2-propen-1-yl)amino]- 1-propanesulfonate (1:1), N,N-dimethyl- 2-propenamide and .alpha.-(2-methyl-1- oxo-2-propen-1-yl)-.omega.- (dodecyloxy)poly(oxy-1,2-ethanediyl) (PMN P–18–262, CAS No. 1190091–71– 4) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. (2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. Requirements as 
specified in § 721.80(j). It is a significant new use to process the PMN substance above the confidential percentage in formulation specified in the PMN for use in consumer products. 
(ii) [Reserved] 
(b) Specific requirements. The 
provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), and (i) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
(3) Determining whether a specific use 
is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section. 
§ 721.11494 Iso-alkylamine, N-isoalkyl-N- 
methyl (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as iso-alkylamine, N- isoalkyl-N-methyl (PMN P–19–136) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. Requirements as 
specified in § 721.80(g). 
(ii) [Reserved] 
(b) Specific requirements. The 
provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), and (i) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
§ 721.11495 Octadecanoic acid, 
(alkylphosphinyl), polyol ester (generic). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified generically as octadecanoic acid, (alkylphosphinyl), polyol ester (PMN P– 19–174) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. It is a significant new use to manufacture, process, or use 
the PMN substance in a manner that results in inhalation exposure. It is a significant new use to process the PMN substance above the confidential percentage in formulation specified in the PMN for use in consumer products. 
(ii) [Reserved] 
(b) Specific requirements. The 
provisions of subpart A of this part 
apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), and (i) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
(3) Determining whether a specific use 
is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section. 
§ 721.11496 1,3-Benzenedicarboxylic acid, 
polymer with 3-methyl-1,5-pentanediol. 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as 1,3-benzenedicarboxylic acid, polymer with 3-methyl-1,5-pentanediol (PMN P– 20–41, CAS No. 76962–70–4) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: 
(i) Industrial, commercial, and 
consumer activities. Requirements as 
specified in § 721.80(j). 
(ii) Release to water. Requirements as 
specified in § 721.90(a)(4), (b)(4), and (c)(4), where N = 1. 
(b) Specific requirements. The 
provisions of subpart A of this part apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125(a) through (c), (i), and (k) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
(3) Determining whether a specific use 
is subject to this section. The provisions of § 721.1725(b)(1) apply to paragraph (a)(2)(i) of this section. 
§ 721.11497 Oxirane, 2-methyl-, polymer 
with oxirane, mono(3,5,5- trimethylhexanoate). 
(a) Chemical substance and 
significant new uses subject to reporting. 
(1) The chemical substance identified as oxirane, 2-methyl-, polymer with 
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oxirane, mono(3,5,5- 
trimethylhexanoate) (PMN P–20–52, CAS No. 148263–50–7) is subject to reporting under this section for the significant new uses described in paragraph (a)(2) of this section. 
(2) The significant new uses are: (i) Industrial, commercial, and 
consumer activities. Requirements as specified in § 721.80(o). It is a significant new use to manufacture, process or use the substance in a manner that results in inhalation exposures. It is a significant new use to use the substance for other than as a liquid shrinkage reducing admixture for concrete. 
(ii) [Reserved] (b) Specific requirements. The 
provisions of subpart A of this part apply to this section except as modified by this paragraph (b). 
(1) Recordkeeping. Recordkeeping 
requirements as specified in § 721.125 (a) through (c), and (i) are applicable to manufacturers and processors of this substance. 
(2) Limitations or revocation of 
certain notification requirements. The provisions of § 721.185 apply to this section. 
[FR Doc. 2020–10086 Filed 5–18–20; 8:45 am] 
BILLING CODE 6560–50–P 
FEDERAL COMMUNICATIONS COMMISSION 
47 CFR Parts 0, 1, and 63 
[IB Docket No. 16–155; DA 20–452; FRS 
16720] 
Process Reform for Executive Branch 
Review of Certain FCC Applications and Petitions Involving Foreign Ownership 
AGENCY : Federal Communications 
Commission. 
ACTION : Proposed record of proceeding. 
SUMMARY : In this document, the 
International Bureau (IB) refreshes the record in Executive Branch Review Process Proceeding, IB Docket 16–155, by adding Executive Order 13913 into the record of the proceeding and seeking comment. 
DATES : Comments are due on or before 
June 18, 2020, and reply comments are due on or before July 2, 2020. 
ADDRESSES : Pursuant to §§ 1.415 and 
1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated in this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). See 
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998). 
•Electronic Filers. Comments may be 
filed electronically using the internet by accessing the ECFS: https:// www.fcc.gov/ecfs. 
•Paper Filers. Parties who choose to 
file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. 
Filings can be sent by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. 
ÆCommercial overnight mail (other 
than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554. 
•Effective March 19, 2020, and until 
further notice, the Commission no longer accepts any hand or messenger delivered filings. This is a temporary measure taken to help protect the health and safety of individuals, and to mitigate the transmission of COVID–19. See FCC Announces Closure of FCC Headquarters Open Window and Change in Hand-Delivery Policy, Public Notice, DA 20–304 (March 19, 2020). 
https://www.fcc.gov/document/fcc- closes-headquarters-open-window-and- changes-hand-delivery-policy. 
•People with Disabilities: To request 
materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to fcc504@fcc.gov or call 
the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice) or 202– 418–0432 (TTY). 
In addition, filers may provide one 
copy of each filing to each of the following: (1) Arthur Lechtman, Attorney, Telecommunications and Analysis Division, International Bureau, at Arthur.Lechtman@fcc.gov, and (2) 
David Krech, Associate Division Chief, Telecommunications and Analysis Division, International Bureau, at David.Krech@fcc.gov. 
FOR FURTHER INFORMATION CONTACT : For 
further information, please contact Arthur Lechtman, Telecommunications and Analysis Division, International Bureau, at Arthur.Lechtman@fcc.gov or 
(202) 418–1465. SUPPLEMENTARY INFORMATION : The 
Commission refers certain applications 
to Executive Branch agencies when there is reportable foreign ownership in the applicant. Specifically, where an applicant has a 10% or greater direct or indirect owner that is not a U.S. citizen, Commission practice has been to refer an application for: (1) International section 214 authority; (2) assignment or transfer of control of domestic or international section 214 authority; (3) a submarine cable landing license; and (4) assignment or transfer of control of a submarine cable landing license. The Commission also refers petitions seeking authority to exceed the foreign ownership limits in section 310(b) of the Communications Act of 1934, as amended, 47 U.S.C. 310(b), for broadcast and common carrier wireless licensees, including common carrier satellite earth stations. 
On June 24, 2016, the Commission 
adopted a Notice of Proposed Rulemaking (NPRM) to improve the timeliness and transparency of the process involving referral of certain applications with reportable foreign ownership to Executive Branch agencies, including the Team Telecom agencies, for feedback on any national security, law enforcement, foreign policy, or trade policy concerns. Process Reform for Executive Branch Review of Certain FCC Applications and Petitions Involving Foreign Ownership, 81 FR 46870 (2016) (Executive Branch Review Process NPRM). Specifically, the Commission sought comment on: (1) The types of applications to be referred to the Executive Branch; (2) the information that should be provided by an applicant with reportable foreign ownership in order to facilitate Executive Branch review; (3) certifications to be made by an applicant that it will comply with several mitigation measures; and (4) time frames for Executive Branch review of the applications. The Commission proposed a 90-day review period for applications referred to the Executive Branch, with a one-time additional 90- day extension for circumstances where the Executive Branch required additional review time beyond the initial period. 
On April 4, 2020, the President signed 
Executive Order 13913, Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, 85 FR 19643 (April 8, 2020). Importantly, among other things, the Executive Order sets out procedures and timeframes for the Committee’s review 
of applications referred by the Commission. 
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